Newsletter Real Estate | SCGPU will start receiving bids for the acquisition of Federal Government’s Real Estate in the first hour of October 1st
The Secretariat for the Coordination and Governance of the Federal Government’s Assets recently enacted three ordinances regulating the rules set forth in Law No. 14.011/2020, among which we highlight Ordinance No. 19.832/2020, regarding the submission and receipt of bids.
After the enactment, in June 2020, of Law No. 14.011/2020, Ordinances No. 19.832, 19.835 and 19,837/2020 were published on September 21, 2020, regulating, among other things, the receipt of acquisition bids and aspects related to the valuation of Federal Government’s real estate.
Please find below the main points of Ordinance No. 19.832, which regulates the submission and receipt of bids to acquire Federal Government’s real estate, set forth to begin on October 1.
1. Bids
Article 1, §3 of the Ordinance, provides that SCGPU will receive bids for the acquisition of the Federal Government’s properties from this Thursday, October 1, which promises a large number of bids in the early hours of the day.
The bids, which must be submitted under the title of “Bid for the Purchase of Federal Government’s Real Estate Assets” at the website www.imoveis.economia.gov.br or at the Federal Government internet portal, www.gov.br., shall contain the following information, provided in art. 2º, § 1º:
I. Name of the bidder, their respective taxpayer number (CPF or CNPJ), as well as address, e-mail and telephone number (if the interested person is a legal entity, the e-mail and telephone number must be those of its legal representative);
II. name and identification of the legal representative(s), if the bidder is a legal entity;
III. information on the property of interest (address/location of the property and enrollment number);
IV. the property’s RIP – Real Estate Property Registry (“Registro Imobiliário Patrimonial”) within SCGPU.
V. the application may also be accompanied by additional documents at the convenience of the bidder (e.g. photos, topographical survey, georeferencing plans, blueprints, pictures or files that may facilitate the identification of the property).
Properties that receive valid purchase bids will be listed on the aforementioned website www.imoveis.economia.gov.br, with the respective number of bids.
In the relevant electronic address, there will be the possibility of viewing invitation to tender documents, public competitions, properties for direct sale, properties in the process of preparation for sale, sold properties (and for which value), in addition to other tools.
1. Analysis of the bids
SCGPU will reply the bidder by e-mail − to the address informed in the bid − within 60 calendar days, although non-compliance with that term will not mean tacit approval of the bid (article 4, § 4th).
If the property has no valid appraisal, the SCGPU will require that the bidder provide it, and must be produced by a professional appraiser authorized by the SCGPU, in accordance with the requirements of Ordinance nº 19.835/2020. If so, it can guarantee the right of first refusal of the property, provided that it fulfills the requirements described in item 3 of this newsletter.
In addition, it is imperative that the appraisal award complies with the discretion established in Ordinance No. 19,837/2020 and is presented within 30 days of the response about the bid, and the deadline can be extended for the same period by decision of the SCGPU (article 4, § 3rd)
3. Right of first refusal
Law No. 14.011/2020 established that the individual who has funded the appraisal has the right of first refusal to purchase the property, on equal terms with the winner of the bid, provided that any assignee, lessee, tenants which are not in default and regular occupants do not exercise such right.
(a) Requirements
In addition to the abovementioned circumstances, the bidder must cumulatively fulfill the following requirements to guarantee his right of first refusal:
I. the purchase bid must be valid;
II. that the appraisal is in accordance with Ordinance No. 19,837/2020 and be presented within 30 calendar days counted of the response to the bid;
III. that the appraisal report is approved by the SCGPU; and
IV. that the bidder participates in the public bidding session and, in cases of public competition, has made a deposit as a down payment in an amount equivalent to the security deposit made by other participants in the session, as regulated in the respective bidding notice.
The right of first refusal will be applicable solely to the sale of the property which have been appraised by the bidder, which validity period will be 12 months counted from its approval.
(b) Moment of exercise
One who has paid for the appraisal of the property must exercise his right of first refusal within 30 minutes of the winner’s announcement by the Permanent Commission of Bidding (“Comissão Permanente de Licitação”), matching the winning bid.
(c) Refund
If the right of first refusal is not exercised, the winner of the tender will reimburse the person who paid for the appraisal, with proof of indemnity being a condition for transferring ownership of the property.
4. Plurality of bids for the same property
In case the same property is the subject of different bids, the one presented first shall prevail. In this case, the remaining will be suspended and the interested parties will be informed of the existence of an ongoing sale analysis.
If there is a disqualification or withdrawal in the first bid, a new procedure will be initiated for the second bid regularly made, and so on.
When the appraisal of a bid under analysis is approved, the remaining bids will be discarded.
5. Conclusion
The enacted ordinance makes the procedures for submission and receipt of bids clearer, stimulating a new and easier way to acquire Federal Government’s real estate.
MATERIALS
Full content of the Ordinance (In Portuguese): https://www.in.gov.br/en/web/dou/-/portaria-n-19.832-de-25-de-agosto-de-2020-278468834
CONTACTS:
Bernardo Schiller
Patner
T: +55 21 3262-3004
E: bschiller@cmalaw.com
Ivandro Trevelim
Patner
T: +55 11 3077-3561
E: ivandro.trevelim@cmalaw.com
Cristiano Schiller
Associate
T: +55 21 2217-2014
E: cristiano.schiller@cmalaw.com
Comentários